Monthly Rental - End of Tenancy

Roselondon_2

Hi,

We are moving out from current flat at the first weenend of October.

The cut-off date for our rent is normally at the 3rd of each month. On our tenancy agreement, the notice period is a calendar month.

I just wonder if there's a practice for us to negotiate with the agent to pay only the first week.

Thanks.

Fire_Fox

Yes you will only need to pay the few extra days, no need to negotiate if you are adhering to the terns in the AST. Speak to your landlord or letting agent about how they would like the payment made.

Werdnal

If your agent/LL requires 1 month's notice you are normally required to pay for the full month.

Had the agent already accepted the notice? When did you give it to them? Did they mention payment for the part month?

Roselondon_2

We are only about to give the notice today by post. I have the impression that there's little chance for them to charge us only on the extra few days as the notice would be received quite close to the cut-off date of a month.

Werdnal

You OP states you are moving out on the first weekend of October - that is not this weekend, but next weekend, ie Saturday 6th October?

You need to give 1 month's notice in writing, so if you are leaving then, you have missed the deadline for giving your notice. Perhaps I am the one that is confused here, but your dates and notice only being given today don't add up.

If you give notice today, it will not be valid until the date before your next month's rent is due (assuming rent day and start of the tenancy month is the same date). So you have missed giving notice in time and will be tied to pay October's rent, and can leave any time up to and including 2nd November.

You agents may indeed waive the odd days, but legally you are tied to a month's notice and that month's payment, even if you leave earlier in your notice period.

Are you still in the tenancy fixed term or is it periodic? If in the FT, you need give no notice at all the leave on the last day, but you cannot just overstay to the weekend, or you start an SPT and have to give the month's notice again!

Roselondon_2

Yes, Werdnal, you are right. The notice would be received tomorrow, the payment for Oct will be due on the 3rd, we would move out on the 6th Oct (sorry for the confusion), and the notice period is contractually one calendar month.

Our contract is for 6 months fix (non-breakable) but we are now in the 9th month in which only a notice would be sufficient to stop the contract.

Fire_Fox

Roselondon wrote: »

We are only about to give the notice today by post. I have the impression that there's little chance for them to charge us only on the extra few days as the notice would be received quite close to the cut-off date of a month.

Roselondon wrote: »

Yes, Werdnal, you are right. The notice would be received tomorrow, the payment for Oct will be due on the 3rd, we would move out on the 6th Oct (sorry for the confusion), and the notice period is contractually one calendar month.

Our contract is for 6 months fix (non-breakable) but we are now in the 9th month in which only a notice would be sufficient to stop the contract.

You cannot assume the notice will be received tomorrow by regular post, no court would accept that. You need to specify dates on your notice to quit, if it is not received in time your notice may be invalid. How do you get 6 October being over a month from when sending the letter on 24 September??? You will have to pay right up to late October, possibly early November depending on the specific wording of the AST.

Don't assume you can get away with paying a few days, they can refuse to release your damage deposit or take you to the small claims court.

G_M

Several issues here:

1) the date your rent is due is irrelevant. It may, or may not, coincide with your Tenancy Periods, which are what matter (see below).
2) you must provide a full Tenancy Period's notice, so must serve a month or more before the end date of the tenancy Period when you plan to leave (serve = received, not date sent!)
3) You can serve notice by hand, but have a witness, or get a receipt, or take a photo, for proof
4) or you can serve notice by 1st class post allowing 2 working days

Fuller details and explanations can be found here.

Roselondon_2

Hi Fire Fox, hi G_M.

We did plan to post the notice by "Second Day" service. We didn't say that moving out on the 6 October with a notice received by tomorrow is a full month notice... I was just describing the facts and the plan and wanted to know if it's possible the agent would be "nice" to charge only the extra days rather than a full month. This has happened before while we dealt with the landlord directly. But this time it's through the agent, I wasn't sure...

Anyway, thank everyone for your input. Eventually, the agent said that we would have to pay the entire October until the 2nd November in this case.

A little surprise - but does make sense- is that they wouldn't do the final check before the 2nd November, as we would still hold the liability of the flat until that day regardless of the date we move out or hand over the key. It's fair, I guess.

G_M

Sorry, I forgot to add

5) you can always negotiate an early Surrender, provided the landlord or agent is willing to agree. If the agent doesn't, try asking the LL direct.
6) As you say, if you move out before the end of the tenancy, not only must you pay rent till the tenancy ends, but you must also continue to pay council tax, utilities etc and, yes, you remain responsible - hence the check-out inspection won't happen till the tenancy ends.

Roselondon_2

Thanks, G_M. It's very helpful.

We don't have the LL's contact. So, the agent's rule would be the decision in this case.

We are aware we have to pay the council tax and utilities for that period of time. Only it's really inconvenient to have the final check-out inspection three or more weeks after we have the cleaning company over. By the time the agent comes over to check, the flat would be dusted again!

The lady in the agent said it shouldn't be a problem. But I don't feel fully assured.